EXPLANATORY STATEMENT
Issued by the Authority of the Managing Director of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
MITF 2007/2008 TAC D2 Determination
Total Allowable Catch Determination - 2007/2008 Season
The purpose of the MITF 2007/2008 TAC D2 Determination is to determine the total allowable catch (TAC) for the Patagonian toothfish within the Macquarie Island Toothfish Fishery (MITF) for the 2007/2008 fishing season.
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act may determine the fishing capacity permitted for a fishery, in respect of a particular period or periods.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers power to make an instrument the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to revoke the instrument. No such contrary intention appears in the Act.
Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA.
Background
The Macquarie Island Toothfish Fishery Management Plan 2006 (the Management Plan) provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the MITF. The MITF is currently operating under the transitional provisions set out in section 35 of the Plan.
SFRs issued under the Management Plan allow a quantity of Patagonian toothfish to be taken in the two sectors (Aurora Trough and Macquarie Ridge) of the MITF. Under the Plan, a person must hold at least 25.5% of the SFRs to fish in the MITF. A total weight for Patagonian toothfish for each sector will be allocated to the MITF for each fishing season. Fishers will then be limited in the amount of Patagonian toothfish they can take each year by the number of SFRs they hold for each sector.
Section 11 of the Management Plan provides for AFMA to determine the TAC before the beginning of each fishing year, for each species of fish for the fishing year.
Fishing year is defined in the Management Plan as a period of 12 months beginning on 1 July in any year.
Objectives
To determine the TAC for the Patagonian toothfish within the Fishery for the 2007/2008 fishing season.
Consultation
Section 11 of the Management Plan outlines the procedures for determining the TACs and catch limits, and states that AFMA must consult, and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). The stock assessment prepared by the Commonwealth Scientific Industrial Research Organisation (CSIRO) was reviewed by SARAG and SouthMAC, and their TAC recommendations, which are adopted in this Determination, were approved by the AFMA Board prior to the start of the season.
Regulation Impact Statement
Office of Best Practice Regulation issued a RIS exception (OBPR ID 7966) due to the proposal being of a minor or machinery nature that does not substantially alter existing arrangements.
Determination
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as MITF 2007/2008 TAC D2 Determination.
Paragraph 2
Paragraph 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 states the persons to whom the Determination applies.
Paragraph 4
Paragraph 4 defines the particular terms used in the Determination.
Paragraph 5
Paragraph 5 specifies the total allowable catches for the 2007/2008 season for the Patagonian toothfish and bycatch species.